Pursuing Assets Passing Outside of Probate

When an executor is not prepared to pursue a return of assets back to the estate for distribution to the beneficiaries, Mussio Goodman LLP steps in and commences litigation under section 151 of the Wills, Estates and Succession Act to force the asset to be considered as an estate asset.

Children of the deceased will often have land or a bank account held jointly in their name and that of their deceased parent with the intention of the asset being part of the estate. But when the child, upon death of the parent, decides to keep the asset for himself/herself, we work to unwind these sorts of transactions to ensure the asset is returned to the estate.